On The Real Estate Bona Fide Acquisition In The Bona Fide Elements

The real estate bona fide acquisition, a more and more remarkable role in the field of real estate transaction, is an important law system for protecting the transaction security. It has been confirmed in the Real Right Law of the People's Republic of China which is issued and implemented in 2007 in our country. Among the important factors of the real estate bona fide acquisition, bona fide elements are its core factors, taking on significant role in the implementation of the system of real estate bona fide acquisition.In this dissertation, it shows that no matter in the theoretical field or the practical field, every one has his own opinion even holds contradictory views towards the cognition and understanding of the bona fide elements, which will have negative influence on protection of the transaction security and the maintenance of the judicial fairness. Just based on the understanding of the current situation mentioned above, this dissertation will analyze in full details on the bona fide elements from three aspects--- the criteria of bona fide judgment, the responsibility of bona fide certification and the time of bona fide identification. What's more, in this dissertation, it makes full use of comparison method and empirical analysis method to make a comparison among the different regulations of the standard in good faith in foreign laws, thus specifying the controversial point of bona fide in theoretical field, and analyzing the chaotic phenomenon in juridical practice in our country.In this dissertation, it defines again the cognition of the bona fide specification and the criteria of bona fide unification. In the aspect of the criteria of bona fide, we mainly insist on counting on the public trust of real estate register book, and pay attention to its duty of care as much as possible, at the same time objectify the duty of care to reduce the uncertainty of the subjective factors; in the aspect of the responsibility of bona fide certification, it requires that the vendee should take on the duty of certification to make him assume the disadvantage consequence caused by inability to prove; in the aspect ofthe time of bona fide identification, that it should be subject to the time that applying for registration is to put the transaction risk be within the controlling area of the vendee. The normalization and unification of the explanation to bona fide elements will surely lay a better foundation of protecting transaction security and maintaining the judicial fairness.